11.2 Courts: Punishment and Sentencing
Last Modified: 2016-03-08
Can be used only if there is new evidence
Defense says prosecutors has not presented enough evidence to return a verdict "beyond a reasonable doubt"
Points out loopholes in prosecutors case
Presence of elements of the crime
What reasonable doubt means: If absolutely convicted based on prosecutors presentation- return a verdict of guilty -if some doubt have a return a verdict of not guilty
Any improper instructions can be cause of appeal
Hung jury if not unanimous decision
-e.g. -admitting evidence that shouldn't have been; instructions to jurors guilty pleas exhorted without consent... Upon appeal, waive right to double jeopardy -penalties that is way beyond the "just" punishment
Review of conviction upon claim by offender that confinement if improper; a constitutional right was violated during adjunction
- Only approx 1% are granted
Community values: has to run for position so cant be letting rapist go free
Values of Judge: Personal attitudes towards the offense, the law
Presentence Report: Complied by the probation department corrections: background of defendants(employment, prior records, family backgrounds) -Gives judge a better sense of what the defendant may need.
Developed due to disparities in sentencing
Make sentencing more uniform(offenders, offense)
--Lowest to Maximum
--Need written reason if not follow grid
Guiding principle: Blameworthiness of conduct
Proportionality: No more, no less then deserved.
Proportional= not exact correspondence of harm done, gives limits of leniency or severity, via sentencing guidelines.
Deterrence Principle: Used to justify SEVERE penalties (history)
Presumption = person will commit crimes again and the conviction is made on the basis of future behavior.
Ultimate incapacitation= death penalty
Difficulties (pragmatic): not enough space in prison
Positive School: not altogether "free" Conditions have to be addressed to reform individuals. Use of indeterminate sentencing. Sentencing of min and max terms. Release determined if corrections officers thought had been reformed.
4)Mandatory Minimum Sentencing
Used for Severe offenses
Forms of Prison sentencing: min and max is set. Discretion by corrections to release between time periods. Parole board hearing every 1-3 years after min is met.
Common until 1980's - replaced by determinate sentencing
Often by a sentencing commission
Judges can override, judges have the discretion within a limited.
Can be adjusted by legislature to even out disparities
Harsher for drug, weapon related crimes
Judges do not have a choice.
Part of the rehabilitative philosphy
Tied to incarceration: Often conditional of incarceration or jail/prison time.
If probationer fails, will be incarcerated.
ex. boot camp
Death Penalty: not in every state
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